2006 New York Code - Civil Actions Against Correction Employees.



 
    * §  50-j.  Civil  actions against correction employees. 1. As used in
  this section:
    a. "Member" means any active or retired member of the uniformed  force
  as  well  as  any  person  employed  by  or  retired from the correction
  department of a city. It also means  any  employee  of  such  department
  whose employment has been suspended for budgetary reasons.
    b.  "Corporation Counsel" means the corporation counsel or chief legal
  officer of a city.
    c. "Department" means the correction department of a city that employs
  the member.
    d. "City" means the particular city that employs the member.
    2. No civil action shall be brought in any court of the state,  except
  by  the corporation counsel on behalf of the city, against any member of
  the department, in his personal capacity, for damages arising out of any
  act done or the failure to perform any act that was (a) within the scope
  of the employment and in the discharge of the duties by such member  and
  (b)  was not in violation of any rule or regulation of the department or
  of any statute or governing case law  of  the  state  at  the  time  the
  alleged damages were sustained.
    3. Any claim for damages arising out of any act done or the failure to
  perform  any act within the scope of the employment and in the discharge
  of the duties of any member of  the  department  shall  be  brought  and
  maintained in the supreme court as a claim against the city.
    4.  The  city  shall  save  harmless  and  indemnify any member of the
  department from financial loss resulting from a claim filed in  a  court
  of  the  United  States  for  damages  arising out of an act done or the
  failure to perform any  act  that  was  (a)  within  the  scope  of  the
  employment  and  in  the discharge of the duties of such member, and (b)
  was not in violation of any rule or regulation of the department  or  of
  any  statute  or governing case law of the state or of the United States
  at the time the alleged damages were allegedly sustained, provided  that
  the  member shall comply with the provisions of subdivision five of this
  section.
    5. The member shall deliver, within ten days of the time he is  served
  with  any  summons,  complaint, process, notice, demand or pleading, the
  original or copy thereof to the corporation  counsel,  and  request  the
  corporation  counsel  to  assume  control  of  his  representation.  The
  corporation  counsel  upon  receipt  of  any  such  summons,  complaint,
  process,   notice,   demand  or  pleading  may  assume  control  of  the
  representation of the member. Upon the corporation counsel assuming such
  control, the member shall cooperate fully with the corporation counsel.
    6. This section shall not in any  way  impair,  limit  or  modify  the
  rights and obligations of any insurer under any policy of insurance.
    7. The benefits of subdivision four shall inure only to members of the
  department  and  shall  not  enlarge or diminish the rights of any other
  party.
    8. This section shall apply with respect to claims arising on or after
  the effective date of this section.
    9. The provisions of this section shall not apply to the city  of  New
  York.
    * NB There are 2 § 50-j's

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